| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Input Field |
Entered |
| SERIAL NUMBER | 78302256 |
| LAW OFFICE ASSIGNED | LAW OFFICE 102 |
| DATE OF NOTICE OF ABANDONMENT | 02/26/2007 |
| PETITION | |
| PETITION STATEMENT | Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. |
| RESPONSE TO OFFICE ACTION | |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Response to Basis The Examining Attorney has stated that the description of goods and services include two bases and is requiring the Applicant to either delete one base or divide the goods and/or services between the two bases. Response to Refusal of Registration under Section 2(d). The Examining Attorney refused registration of Applicant's mark based on Registration No. 1670110. The refusal was based on the possibility that the broad recitation of goods or services of the registered mark could include the Applicant's software. The Applicant has since amended the description of goods and services in their application to "Providing Internet based business management and collaborative services, namely, application service provider (ASP) for managing in real-time the development of software." This more accurately depicts the services provided by Applicant under their mark. These services do not fall within the description of the registered mark of "computer software for transferring information btetween two computers urnning different operating systems." Thus, the refusal of registration has been obviated. Applicant respectfully requests that their application be allowed. Basis The Examining Attorney has required that the Applicant either delete one basis for filing or divide the goods and/or services under two bases. The original application was filed pro se, and should have been filed solely under actual use. The Appliant desires to delete the intent to use basis.
|
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | |
| Providing Internet based business management and collaborative software, namely, application service provider (ASP) featuring collaboration software for managing in real-time the development of software and featuring collaboration software for the collection, editing organizing modifying, book marking, transmission, storage and sharing of data and information. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/30/2000 |
| FIRST USE IN COMMERCE DATE | At least as early as 11/17/2000 |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | |
| Providing Internet based business management and collaborative software, namely, application service provider (ASP) featuring collaboration software for managing in real-time the development of software and featuring collaboration software for the collection, editing organizing modifying, book marking, transmission, storage and sharing of data and information. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 10/30/2000 |
| FIRST USE IN COMMERCE DATE | At least as early as 11/17/2000 |
| PAYMENT SECTION | |
| TOTAL AMOUNT | 100 |
| TOTAL FEES DUE | 100 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /glennlwebb/ |
| SIGNATORY'S NAME | Glenn L. Webb |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 04/25/2007 |
| RESPONSE SIGNATURE | /glennlwebb/ |
| SIGNATORY'S NAME | Glenn L. Webb |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 04/25/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Apr 25 21:14:55 EDT 2007 |
| TEAS STAMP | USPTO/POA-XX.XX.XXX.XXX-2 0070425211455180381-78302 256-3709f734012713a2e8c69 7a510d045fcf1-ET-1115-200 70425210215091694 |
| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Application serial no. 78302256 is amended as follows: | |
| PETITION | |
| Petition Statement | |
| Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. | |
| RESPONSE TO OFFICE ACTION | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Response to Basis The Examining Attorney has stated that the description of goods and services include two bases and is requiring the Applicant to either delete one base or divide the goods and/or services between the two bases. Response to Refusal of Registration under Section 2(d). The Examining Attorney refused registration of Applicant's mark based on Registration No. 1670110. The refusal was based on the possibility that the broad recitation of goods or services of the registered mark could include the Applicant's software. The Applicant has since amended the description of goods and services in their application to "Providing Internet based business management and collaborative services, namely, application service provider (ASP) for managing in real-time the development of software." This more accurately depicts the services provided by Applicant under their mark. These services do not fall within the description of the registered mark of "computer software for transferring information btetween two computers urnning different operating systems." Thus, the refusal of registration has been obviated. Applicant respectfully requests that their application be allowed. Basis The Examining Attorney has required that the Applicant either delete one basis for filing or divide the goods and/or services under two bases. The original application was filed pro se, and should have been filed solely under actual use. The Appliant desires to delete the intent to use basis.
|
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 042 for Providing Internet based business management and collaborative software, namely, application service provider (ASP) featuring collaboration software for managing in real-time the development of software and featuring collaboration software for the collection, editing organizing modifying, book marking, transmission, storage and sharing of data and information. | |
| Original Filing Basis: 1(b); and/or 1(a). | |
| Proposed: Class 042 for Providing Internet based business management and collaborative software, namely, application service provider (ASP) featuring collaboration software for managing in real-time the development of software and featuring collaboration software for the collection, editing organizing modifying, book marking, transmission, storage and sharing of data and information. | |
| Deleted Filing Basis: 1(b) | |
| Fees | |
| Fee(s) in the amount of $100 is being submitted. | |
| Declaration Signature |
|
| If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /glennlwebb/ Date: 04/25/2007 | |
| Signatory's Name: Glenn L. Webb | |
| Signatory's Position: Attorney | |
| Petition/Response Signature | |
| Signature: /glennlwebb/ Date: 04/25/2007 | |
| Signatory's Name: Glenn L. Webb | |
| Signatory's Position: Attorney | |
| The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter. | |
| Serial Number: 78302256 | |
| Internet Transmission Date: Wed Apr 25 21:14:55 EDT 2007 | |
| TEAS Stamp: USPTO/POA-XX.XX.XXX.XXX-2007042521145518 0381-78302256-3709f734012713a2e8c697a510 d045fcf1-ET-1115-20070425210215091694 |